Opinion
2001-01027, 2001-01028
Submitted June 17, 2002.
August 26, 2002.
In two related proceedings pursuant to Social Services Law § 384-b to terminate the mother's parental rights on the ground that the mother is presently and for the foreseeable future unable, by reason of mental retardation, to provide proper and adequate care for the children, the Dutchess County Department of Social Services appeals, as limited by its brief, from so much of two orders of disposition of the Family Court, Dutchess County (Brands, J.), both dated December 21, 2000 (one as to each child), as, after a fact-finding hearing, and upon terminating the mother's rights and transferring custody and guardianship of the subject children to it, provide that the mother shall have two supervised visits per year and shall exchange correspondence and cards with the children on birthdays and holidays.
Ian G. McDonald, County Attorney, Poughkeepsie, N.Y. (Laura Gail Skojec of counsel), for appellant.
Neal D. Futerfas, White Plains, N.Y., for respondent.
James D. Meier, Hopewell Junction, N.Y., Law Guardian for the children.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
ORDERED that the orders are affirmed insofar as appealed from, without costs or disbursements.
This court has recognized that continued relations between a child and a natural parent may be in the child's best interests even after adoption. Particularly, this court stated in Matter of McDevitt ( 176 A.D. 418, 423), that the "Supreme Court has ample power at law and in equity to promote the welfare of the child, notwithstanding a legal adoption * * * and the power to permit and to regulate visitation on the part of the mother is, of course, included." Although the petitioner objected to the mother having visitation rights after termination of her parental rights, both the Law Guardian and the prospective adoptive parents consented to such visitation. In light of the totality of the circumstances herein, including the best interests of the children, the Family Court properly directed visitation with the children after the mother's parental rights were terminated due to her mental retardation (see Matter of Angela Marie N., 223 A.D.2d 423; Matter of Elizabeth Q., 126 A.D.2d 905; Matter of Dana Marie E., 128 Misc.2d 1018).
The petitioner's remaining contention is unpreserved for appellate review and, in any event, is without merit.
FLORIO, J.P., S. MILLER, TOWNES and COZIER, JJ., concur.